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HomeMy WebLinkAbout9554686011019260 CERTIFICATE OF SALE STATE OF WYOMING SS 00070 COUNTY OF LINCOLN M. Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated June 9, 2005, executed and delivered by Robin L. Nickle to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation and (b) that certain mortgage dated June 9, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 14, 2005, at Reception No. 909238 in Book 588 at Page 189 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: COSPkg PART OF LOT 3 OF BLOCK 19 OF THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 9 RODS EAST OF THE SOUTHWEST CORNER OF SAID LOT 3 AND RUNNING THENCE NORTH 11 1/4 RODS; THENCE EAST 3 RODS; THENCE SOUTH 11 1/4 RODS; THENCE WEST 3 RODS TO THE POINT OF BEGINNING with an address of 73 West 5th Street Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: July 23, 2010 Assignment recorded: August 3, 2010 Assignment recording information: at Reception No. 954672 in Book 751 at Page 489 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, GMAC Mortgage, LLC "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose the Mortgage was served upon the record owner and the party in possession of said real property at least ten (10) days prior to commencement of the first publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. RECEIVED 9/14/2010 at 10:23 AM RECEIVING 955468 BOOK: 753 PAGE: 570 JEANNE WAGNER 1 lMirnI ni rnl IwITV ri FRI< KFAARAFRFR \NY Certificate of Sale Nickle 10 -14049 Page 1 of 7 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the August 19, 2010 issue of said newspaper and ending with the September 9, 2010 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On September 14, 2010 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell the above described real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bids on said real property; and that the highest and best sum bid for said real property was the sum of $110,080.13 "Bid Sum which was bid and offered by GMAC Mortgage, LLC "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $1,925.40 is to be paid to Castle, Meinhold, Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after September 14, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 14th day of September 2010. COSPkg By: M. Shane Johnson 571 Sheriff in and for Lincoln County, State of Wyoming Print Name: Cliff Boyd Title: Deputy Sheriff Certificate of Sale Nickle 10 -14049 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 9 COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 14th day of September 2010. Witness my hand and official se 0405'72 County of Lincoln My Commission Expires Public State of Wyoming Certificate of Sale Nickle 10 -14049 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Danette Baldacci of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated June 9, 2005 (the "Mortgage and recorded on June 14, 2005, at Reception No. 909238 in Book 588 at Page 189 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Robin L. Nickle "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: July 23, 2010 Assignment recorded: August 3, 2010 Assignment recording information: at Reception No. 954672 in Book 751 at Page 489 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 71969009843000506771 CERTIFIED MAIL NO. FSN: 71969009843000511942 Robin L. Nickle 73 West 5th Street Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000506795 CERTIFIED MAIL NO. N01: 71969009843000506801 CERTIFIED MAIL NO. FSN: 71969009843000511966 CERTIFIED MAIL NO. FSN: 71969009843000511973 GMAC Mortgage, LLC Occupant 1100 Virginia Drive 73 West 5th Street Fort Washington, PA 19034 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000506818 CERTIFIED MAIL NO. FSN: 71969009843000511980 Beneficial Wyoming, Inc. 1363 Dewar Drive, Plaza Mall Ste. B Rock Springs, WY 82901 COSPkg EXHIBIT A SS 4300573 CERTIFIED MAIL NO. N01: 71969009843000506788 CERTIFIED MAIL NO. FSN: 71969009843000511959 Robin L. Nickle PO Box 593 Afton, WY 83110 Certificate of Sale Nickle 10 -14049 Page 4 of 7 000574 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 6, 2010 and the date of the first publication of the notice of foreclosure sale was August 19, 2010. State of Wyoming County of Natrona JE 0 R usuc STATE OF W YOMING Co mmission COUNTY OF NATRONA 1resJu 19, 2014 T 1 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. and Stawiar ki Legal Services, LLC. B Baldacci (S Title (and R 19, 201 q Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 4 day nstrument was acknowledged before me on day of C 2010 by Danette Baldacci as attorney of Castle, Certificate of Sale Nickle 10 -14049 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 4 i•, i(n, �r n�knl /I ii ii II iii; i:iq �t,�iin�r �di(��n ihk mi0.1 it-- si�au�,�.�n��Y,r�N•ti"ul 'a, ='i i Il t +i /ion -i {iI �r(i e!; �nYi Jki f r ('r1I g fiat, iii L U VKg EXHIBIT B PUBLISHER'S AFFIDAVIT I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of consecutive issues /weeks; the first publication being on o �f n the 1 1 l l (Ad' 20 1 Ga and the last publication being on the 1 day of hlQ 1 k.Ph/ 20; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) day of Michael Jens KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NO TARY PUBLIC 4r. rr County of State of Lincoln F Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before r e on this 6 1 day of A.D., 20 0 006575 ti Certificate of Sale Nickie 10 -14049 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle, Meinhold, Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,925.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 700.00 Title Commitment 554.00 Statutory Notice Fee 65.00 record AOM 8.00 Publication Cost 455.40 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sherffs Deed 11.00 Sheriffs Sale Fee 10.00 Sheriffs Deed Fee 10.00 FTP Update 25.00 Total $1,925.40 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFF T SAYETH NAUGHT. State of Wyoming County of Natrona Th's instrument was acknowledged before me on L day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawi rski Legal Services, LLC. JESSICA COUNTY STATE OF WYOMING Commission Ex Ires Ju 19, 2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Title (and Ran t? zoiy B tte Balda ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 000576 Certificate of Sale Nickle 10 -14049 Page 7 of 7